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Va Apportionment incarceration Form: What You Should Know

This form is submitted along with your application for benefits and forms such as the Form 20-1G, the Form 20-1H,  All or Part of a Service-Connected Disability Award All VA Disability Awards, Veteran's Compensatory Benefits, or Veteran's Earnings Loss Benefit Award may be apportioned in a given year to the surviving spouse, child, or dependent parent. All or part of a disability award may be paid to the spouse, dependent child, or dependent parent. There is no restriction under law on the amount of a veteran's disability award that may be apportioned to the living spouse, children, or dependent spouse. Apportionment may be made for one (or a limited number) of the following How to File a Claim for VA Apportionment of Your VA Benefits VAC.VA FORM 21-0788 Nov 8, 2023 — Use VA Form 21-0788 to determine whether your VA Disability Apportionment benefit is being apportioned to the survivor, your spouse and children, or to an unrelated person. For more about Apportionment of VA Benefits, see VA Forms 20-1G and 20-1H for Apportionment of VA Disability Awards The apportionment of VA disability awards will occur during  the first 10 years of your VA Disability Apportionment What happens when an apportionment is made? Apportionment of the benefits to your surviving spouse, dependent child, or dependent parent will occur as your first year's awards reach the “zero dollar” limit. The apportionment of the VA disability benefits will be made in monthly increments at the rate of one (1) disability award per day, except in the case of a Veteran who died while enrolled in a VA medical care facility and at the time VA had determined the eligibility of the Veteran for Disability Apportionment. If the Veteran's benefit is apportioned and the service-connected disability award is later determined to be 1,000 or more, such as by having been awarded a post-1986 award, the first year award may be apportioned  to your surviving spouse, dependent child, or dependent parent if the amount is 1,000 or more If an apportionment is later not made and a disability award is subsequently reduced, such as for death caused by misconduct, the apportionment of the VA disability awards will be made as the disability award reduction is paid or accrued.

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FAQ - Va Apportionment incarceration

If a United States military veteran commits a felony after honorable discharge, will his access to VA healthcare be revoked?
Based on the documents I read at the links below, being incarcerated does not enter into the equation that determines whether or not you are eligible for VA healthcare. In other words, if you were eligible for VA healthcare before your felony conviction, youu2019ll still be eligible after your release. However, the the VA cannot provide healthcare to a veteran that is already being provided by an incarcerating facility.Also, upon release, even if you were receiving healthcare from the VA prior to your incarceration, you will need to reapply to regain those benefits.The wording at the links below is not as precise as I would like, but the way I read it is that once the veteran is released from incarceration, they have access to a program called Health Care for Re-entry Veterans Services and Resources.This program provides, among other things, u201cReferrals and linkages to medical, mental health and social services, including employment services on release.u201dHealth Care for Re-entry Veterans Services and ResourcesMy advice to you would be to contact the VA directly with your question. The appropriate contact will vary by state, but you can find a listing for each state at the link I provided above. Also, here is a list of each stateu2019s Veteran Affairs OfficesState Veterans Affairs OfficesHere is a brief video from the VA addressing the issue of u201cJustice Involved Veterans.u201d It seems apparent that the VA recognizes that some veterans do end up incarcerated, and that the VA is dedicated to ensuring those veterans continue to receive the benefits they earned by their service (with some caveats). Note the points of contact listed at the final credits.On the other hand, unlike other veterans, persons who have retired from the military with full retirement benefits are still subject to the Uniform Code of Military Justice (UCMJ) and will be for life. If the government chose to, it could reinstate a retiree who was a convicted felon to the military and then discharge them with a dishonorable discharge, thereby depriving them of ALL benefits, including VA healthcare, particularly if the felony were related to some kind of security violation. This has not been commonly done, but it is possible within the parameters of the UCMJ. See the following link:I found this helpful answer from a military lawyer on JustAnswer.comIf you are asking this question on behalf of yourself, I thank you for your service. I sincerely hope you will find a way to overcome the difficulties youu2019ve encountered.Best wishes!
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